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Art. 425.Preclusion By Judgment

Title II. Actions · Chapter 1. General Dispositions · Last amended 1991 · Last verified July 30, 2026

In one sentenceArticle 425 requires a party to bring every claim arising from the same transaction or occurrence in one lawsuit, on pain of losing an unasserted claim to preclusion, with specific exceptions for divorce and related family-law and community-property matters.

Full Text of Art. 425

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A. A party shall assert all causes of action arising out of the transaction or occurrence that is the subject matter of the litigation. B. Paragraph A of this Article shall not apply to an action for divorce under Civil Code Article 102 or 103, an action for determination of incidental matters under Civil Code Article 105, an action for contributions to a spouse's education or training under Civil Code Article121, and an action for partition of community property and settlement of claims between spouses under R.S.9:2801.

Amendment History

Acts 1990, No. 521, §2, eff. 1/1/1991; Acts 1991, No. 367, §2.

Plain-English Summary

Article 425 sets Louisiana's rule against claim-splitting. When a dispute arises out of one transaction or occurrence, a single contract gone wrong, one accident, one course of dealing, a party must bring every cause of action arising from it in that same lawsuit. Holding one claim back to file later, after the first suit ends, generally is not an option: the judgment in the first suit forecloses claims that could have been asserted in it.

The rule pushes litigants toward one full airing of a dispute rather than repeat rounds of litigation over the same underlying events. It rewards a plaintiff who thinks through everything the transaction might support before filing, and it protects a defendant from being sued again and again over the same events.

Family law gets carved out. A divorce action, a request to resolve the matters that come with it such as custody or support, a claim for contribution toward a spouse's education or training, and a later action to partition community property and settle claims between spouses can proceed as separate lawsuits without running into this rule. Louisiana recognizes that these matters often can't, or shouldn't, all be resolved in a single proceeding.

Frequently Asked Questions

What happens if I leave out a claim that could have been raised in my lawsuit?

Article 425 generally precludes bringing that claim later in a separate suit, if it arose from the same transaction or occurrence already litigated.

Why are divorce and property division exempted?

Because those matters commonly unfold in stages, a divorce, followed later by support disputes, education-contribution claims, or the division of community property. Article 425 lets those proceed as separate actions rather than forcing everything into one suit.

Is this the same idea as res judicata?

It's closely related. Article 425 is the rule that requires related claims to be joined in the first place; the preclusive effect of a final judgment carries out that requirement afterward.

Does this rule cover entirely unrelated claims against the same defendant?

No. It only reaches claims arising out of the same transaction or occurrence already before the court, not unrelated disputes between the same parties.

Source & verification. Article text is reproduced verbatim from the vLex (Louisiana Code of Civil Procedure, 2026 Edition). Enacted by the Louisiana Legislature. Last verified July 30, 2026. · Official source
Also known as: claim preclusion Louisianasame transaction or occurrence ruleres judicata Louisiana civil procedurecompulsory joinder of claims